The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
In the beginning, it was naturally found necessary to place some
restrictions on the slave and his movements. He was not allowed to
leave his master's plantation without written permission and if he did
go away, any person could apprehend the offender and take him before a
justice of the peace, who was empowered to order the infliction of
stripes at his discretion. Furthermore, he was not to wander off to
any other plantation without the written permission of his owner, with
the provision in this instance that he was not to be taken before a
justice of the peace, but before his owner, who was entitled to
inflict ten lashes upon the offender. Should the slave be found
carrying any powder, shot, a gun, club, or any weapon he could be
apprehended by any free person and taken before a justice and a much
severer penalty exacted in the form of thirty-nine lashes, "well laid
on, on the bare back."[289] It is clear that this law was drawn up to
keep the slave from becoming a public menace and not as a sign of
absolute restriction on the servant, for it was further provided in
Section 6 that in case the slave lived in a frontier community he
could go to the local justice of the peace and secure a permit to keep
and use guns, powder, shot and other weapons for either offensive or
defensive purposes. This permission was to be indorsed by any free
Negro, mulatto or Indian and did not necessarily involve the approval
of the owner of the slave.
It was declared unlawful for slaves to engage in riots, unlawful
assemblies, in trespasses or in seditious speech and, if so accused,
they were to be taken before the local justice who was to punish them
at his discretion. But the Negroes themselves were not to be
considered as the only guilty ones. In order to prevent any such
disorderly meetings no owner of slaves was to be allowed to permit any
slave not belonging to him to remain on his plantation for more than
four hours at any one time under a nominal penalty to such owner of
$2; but, if he allowed more than five such slaves to assemble on his
property, he was to be fined more severely. If such a group were
brought together by the written permission of the owner and for
business reasons, however, there was involved no offense
whatever.[290] It was realized that oftentimes the chief leaders in
the unlawful meetings of slaves were free Negroes and sympathetic
whites. Were any such to be found present they were to be arrested and
if found guilty when tried before a justice of the peace, should be
fined 15 shillings, to be paid, not to the court, but to the informer
and if the money was not forthcoming the court was to have twenty
lashes inflicted--no matter whether the convicted be white or black.
Inasmuch as the degree of punishment of the slaves for being present
at such a meeting was not specified it would seem that the legislature
meant that the free persons involved should be treated more severely
than slaves by the court.
Public-domain text, read in full here on John Shaqi.
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